08 LC 28
4277/AP
House
Bill 1485 (AS PASSED HOUSE AND SENATE)
By:
Representative Houston of the
170th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act establishing a new charter for the City of Nashville, approved
March 17, 1978 (Ga. L. 1978, p. 4017), as amended, particularly
by an Act approved March 22, 1990 (Ga. L. 1990, p. 4430), so as to
provide new terms of office for the mayor and members of the city council; to
provide for related matters; to provide for a referendum; to provide for
preclearance under the federal Voting Rights Act of 1965, as amended; to provide
for effective dates; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act establishing a new charter for the City of Nashville, approved March 17,
1978 (Ga. L. 1978, p. 4017), as amended, particularly by an Act
approved March 22, 1990 (Ga. L. 1990, p. 4430), is amended by
revising Section 3-3 as follows:
"SECTION
3-3.
Councilmembers.
Councilmembers.
(a)
The city council is divided into six posts to be designated Post No. 1,
Post No. 2, Post No. 3, Post No. 4, Post No. 5, and Post
No. 6. Any person seeking election to the city council shall designate the
city council post to which he or she seeks election and shall seek election only
to the post so designated. The provisions of this section shall not be
construed as requiring the division of the territory of the city into council
districts or the establishment of council districts.
(b)
The councilmembers in office on the effective date of this Act shall serve out
the terms to which they were elected.
(c)
Successors to the three councilmembers elected in November, 2008, whose terms
will expire on December 31, 2010, shall be elected in the 2010 November general
election for terms of office of five years beginning on January 1, 2011,
and ending on December 31, 2015, and until their successors are elected and
qualified. At the 2015 November general election, successors to such
councilmembers shall be elected to serve a term of office of four years
beginning on January 1, 2016, and ending on December 31, 2019, and until their
successors are elected and qualified. Thereafter, successors to such
councilmembers shall be elected at the November general election immediately
preceding the end of their respective terms of office and shall take office on
January 1 immediately following such election for a term of four years and until
their successors are elected and qualified.
(d)
Successors to the three councilmembers elected in November, 2007, whose terms
will expire on December 31, 2009, shall be elected in the 2009 November general
election for terms of office of four years beginning on January 1, 2010,
and ending on December 31, 2013, and until their successors are elected and
qualified. Thereafter, successors to such councilmembers shall be elected at
the November general election immediately preceding the end of their respective
terms of office and shall take office on January 1 immediately following such
election for a term of four years and until their successors are elected and
qualified."
SECTION
2.
Said
Act is further amended by revising Section 3-4 as follows:
"SECTION
3-4.
Mayor.
Mayor.
The
mayor in office on the effective date of this Act shall serve out the term to
which he or she was elected. A successor to the mayor shall be elected in the
2010 November general election for a term of office of five years beginning on
January 1, 2011, and ending on December 31, 2015, and until his or her
successor is elected and qualified. At the 2015 November general election, a
successor to such mayor shall be elected to serve a term of office of four years
beginning on January 1, 2016, and ending on December 31, 2019, and until his or
her successor is elected and qualified. Thereafter, successors to such mayor
shall be elected at the November general election immediately preceding the end
of the mayor´s term of office and shall take office on January 1
immediately following such election for a term of four years and until a
successor is elected and qualified."
SECTION
3.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, the election
superintendent of the City of Nashville shall call and conduct an election as
provided in this section for the purpose of submitting this Act to the electors
of the City of Nashville for approval or rejection. The election superintendent
shall conduct that election in conjunction with the 2008 November general
election and shall issue the call and conduct that election as provided by
general law. The election superintendent shall cause the date and purpose of
the election to be published once a week for two weeks immediately preceding the
date thereof in the official organ of Berrien County. The ballot shall have
written or printed thereon the words:
|
"( ) YES
( ) NO
|
Shall
the Act be approved which provides for staggered, four-year terms of office for
the mayor and city council of the City of Nashville as provided in such
Act?"
|
All
persons desiring to vote for approval of the Act shall vote "Yes," and all
persons desiring to vote for rejection of the Act shall vote "No." If more than
one-half of the votes cast on such question are for approval of the Act,
Sections 1 and 2 of this Act shall become of full force and effect on January 1,
2009. If the Act is not so approved or if the election is not conducted as
provided in this section, Sections 1 and 2 of this Act shall not become
effective, and this Act shall be automatically repealed on the first day of
January immediately following that election date. The expense of such election
shall be borne by the City of Nashville. It shall be the election
superintendent´s duty to certify the result thereof to the Secretary of
State.
SECTION
4.
The
governing authority of the City of Nashville shall through its legal counsel
cause this Act to be submitted for preclearance under Section 5 of the federal
Voting Rights Act of 1965, as amended, and such submission shall be made no
later than 45 days after the date on which this Act is approved by the Governor
or otherwise becomes law without such approval.
SECTION
5.
Except
as otherwise provided in Section 3 of this Act, this Act shall become effective
upon its approval by the Governor or upon its becoming law without such
approval.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.